Study Of Sales Amount Under The Crime Of Producing And Selling Fake And Shoddy Products

In China’s current market,both the producing and the selling of fake and shoddy products have been increasingly severe.Thus,focusing on the controversial theoretical issues of the crime of producing and selling fake and shoddy products has significant practical importance.Within that crime,the sales amount possesses an extremely important position and functions,which is mainly indicated by the specific provisions of Article 140 of the current Criminal Law and other relevant judicial interpretations.In addition,the amount of production and sales have critical influence on the conviction and sentencing of such crime.Hence,It is conducive to the correct application of the provision regarding the crime of producing and selling fake and shoddy products to study the criminal law meaning of the “sales amount” and to clarify its connotation and position within this provision.This paper firstly discussed the meaning of the "sales amount" stipulated in Article 140 of the Criminal Law and its profound connotation and position in the conviction of this crime.And then,this paper analyzed some of the theoretical and practical controversies about the key factor which is the "sales amount" by referring to the yardstick of the attempted form of this crime given by various judicial interpretations and the notion of “value of goods” brought forward by judicial interpretations.Finally,the chaos in the calculation of the sales amount in judicial practices indicated that there should be a clearer and more certain standard of calculation of the sales amount and the value of goods in practice to eliminate differences in judicial practices.